Need help with a s21 and s8 notice please

by Readers Question

3 years ago

Need help with a s21 and s8 notice please

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Need help with a s21 and s8 notice please

First Post so be gentle! I have a periodic AST where the rent is payable 4 weekly, so on serving a s21 notice do I give 2 months notice? If so what dates do I need to match up to make it work.gentle

OR do I give 8 weeks notice which is 2 rent cycles?

Deposit etc is all protected and ironically I get on well with the tenant but due to changes in his circumstances, he has fallen behind in rent (I’m also issuing a s8!) by a long way but the council are advising him to stay put until I go down the eviction route Sad

Thanks in advance.

Leepat

 



Comments

Paul Franklin

3 years ago

Section 21 Housing Act 1988 states 2 months, not 8 weeks. Though note that this is a minimum, not the exact notice you need to give.
If the tenancy was periodic from the start the notice must end at the end of a period of the tenancy. So if rent is charged every Monday, the notice should end on the friday, stating that possession is required after that date.
Your notice would be best therefore being just over 2 months long, ending on the Friday (for example) that falls next after 2 months.

Don't worry Leepat, most people are extremely helpful and friendly on this site! The rule is not less than 2 months. If you are posting the notice rather than delivering by hand it is safer to allow a few extra days to account for delays in the post. If you deliver the notice by hand it is useful to take a note of the time - some people actually photograph themselves putting the notice through the letterbox with a copy of that day's paper!! That is not really necessary. Others deliver the notices in pairs, so there is witness confirmation of the date of delivery. Some landlords ask the tenant to sign a delivery receipt (very sensible). So long as the notice is given at least (i.e., more than) 2 months (not exactly 2 months, as you might be found to have in fact delivered it 1 day less than 2 complete months) before the date specified in the notice for delivery of possession to you, the notice is valid. If you end up going to court you will normally be required to produce a certificate of service showing the date and manner in which the notice was given. CPR rules about service of documents should not apply to section 21 notices. The old practice of insisting that a periodic s.21 notice should expire on the last day of a period of the tenancy was abolished in the case of Spencer v Taylor in 2013, making the main procedural headaches of serving section 21 notices a thing of the past. Paul is right, in that if a tenancy has always been periodic (rather than a statutory periodic following an initial fixed term) there is certainly a school of thought that says section 21(4)(a) continues to apply, so the notice should end on the last day of a period (i.e., usually the day before the rent is due, but be careful with this). Otherwise it is very common to put in a 'saving clause', which you might want to seek advice about. If your tenant has been having money problems do refer them to an advice agency who may be able to maximise Housing Benefit for you and make the eviction unnecessary. Good luck!

Mark Alexander

3 years ago

One thing I would add to that is if you are serving by post, don't use recorded or special delivery because tenants may refuse to sign to accept delivery. Instead, obtain a certificate of posting from your post office. Send the letter first class but allow three days for delivery, hence provide at least two months and three days notice.
.

Spot on Mark. I have had clients get into terrible trouble with recorded delivery, or anything which needs to be signed for.

Michael Barnes

3 years ago

Reply to the comment left by "Paul Franklin" at "13/11/2015 - 09:47":

Should that not be the Sunday?

Michael Barnes

3 years ago

Reply to the comment left by "Charles King - Barrister-At-Law" at "13/11/2015 - 10:02":

I thought the deregulation act removed need for "last day of period" in all cases and hence removed need for saving clause.

Paul Franklin

3 years ago

Ha yes Michael of course - good spot!

With regard to your other comment about the Dereg Act. The removal of the 'last day of a period of the tenancy' requirement is indeed in s.35 of the Dereg Act. However, that section only applies to all new tenancies created after 1st October this year (as per s.41 Dereg Act). So the same requirements still apply to tenancies that were created before that day, unless a tenancy 'renewal' is signed'.

So with this case my understanding is that what we are concerned with is the Spencer v Taylor case that says that s.21(1)(b), for tenancies which have or have had a fixed term (including stat periodic), do not have to have a specific end date; but Section 21(4)(a), for contractual periodic tenancies, do still have to end at the end of a period of the tenancy, stating that possession is required after that date.

P.s. I haven't looked all this up again but that's how I remember it so apologies if I've got my sections etc mixed up but that's the gist of it as I understand it.

2 years ago

hi my pal has tenant that has recently married and she wants to issue s21
she would like to know if she puts tenants new name on s21 and not the name she signed with maiden name will this make s21 invalid or does it not matter

2 years ago

no my problem is resolved i have moved on

just asking question for friend just trying to help
so your thoughts would be helpful many thanks

what name does she put on possession proceedings maiden name as on agreement or now married name


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